Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85022 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- EXCISE PATORI District- Samastipur ====================================================== 1.
Sonu Kumar Son of Virendra Sah @ Bilindra Sah Resident of VillageKalyanpur Basti, P.S.- Mohiuddin Nagar, District- Samastipur 2.
Sharvan Kumar @ Sharvan @ Shravan Kumar Son of Bijendra Ray @ Vijendra Ray Resident of Village- South Dhaman, P.S.- Patori, DistrictSamastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Patory Excise P.S. Case No. 146 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 270.30 litres of liquor has been recovered from the bag at the platform.
4. Learned counsel for the petitioners submitted that
Patna High Court CR. MISC. No.85022 of 2025(2) dt.10-12-2025 2/3 the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners rather the recovery has been made from an open place which is accessible to public at large. The petitioners have got no concern with the alleged recovery of liquor. The petitioners are in custody since 09.10.2025. Petitioner no. 1 has no criminal antecedent whereas petitioner no. 2 has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patory Excise P.S. Case No. 146 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.
(II) The petitioners shall appear on each and every
Patna High Court CR. MISC. No.85022 of 2025(2) dt.10-12-2025 3/3 date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.
(Rudra Prakash Mishra, J) Alok Verma/- U T